Md. Code Regs. 07.03.01.03

Current through Register Vol. 52, No. 1, January 10, 2025

Section 07.03.01.03 - Application Process

A. An individual may choose which program to apply under.

B. An individual requesting assistance, or on whose behalf a request is made, shall have the opportunity to file an application if the individual wishes.

C. An interview that may be conducted over the telephone rather than face to face shall be conducted, before a benefit is authorized, for the purpose of clarifying all factors of eligibility and explaining the applicant's rights and responsibilities.

D. An individual applying for or receiving benefits shall:

(1) Read, or have read to the individual, a statement of what constitutes fraud; and

(2) Sign this statement acknowledging that the individual understands that the penalties for welfare fraud may be:

(a) A fine of not more than $1,000;

(b) Imprisonment for not more than 3 years; or

(c) Both fine and imprisonment.

E. An applicant may be:

(1) Assisted by an individual of the applicant's choice in the application process and the redetermination of eligibility; and

(2) Accompanied by that individual in contacts with the local department.

F. Individuals eligible for financial assistance with federal financial participation are eligible for medical assistance under Title XIX without being required to file a separate application.

G. The Department shall give to applicants, in writing and orally, as appropriate:

(1) Information pertinent to the individual's decision about whether the individual wishes to file a signed application;

(2) Information about:

(a) Coverage;

(b) Scope of the program; and

(c) Related services available; and

(3) The rights and responsibilities of applicants for or recipients of assistance.

H. Application.

(1) The local department shall:

(a) Require an individual applying for benefits to file an application on forms specified and approved by the Department;

(b) Advise the individual of the eligibility factors to be verified, and the types of proofs that may be accepted by the local department to determine eligibility;

(c) Notify applicants and recipients that the signed application constitutes their consent to permit the Department to request information from any entities to assist in the eligibility determination;

(d) Limit access to information received from records of public or private entities in accordance with the confidentiality provisions in COMAR 07.01.07; and

(e) Provide all individuals receiving benefits, as described in Regulation .01 of this chapter, with clear and timely notice of their rights and responsibilities.

(2) The application shall be signed under penalty of perjury by the applicant, by an authorized representative, or by someone acting responsibly for the applicant if the applicant is incompetent or incapacitated.

Md. Code Regs. 07.03.01.03

Regulation .03 amended as an emergency provision effective November 1, 1995 (22:23 Md. R. 1794); amended permanently effective May 1, 1996 (23:8 Md. R. 604)
Regulation .03 amended effective October 1, 1996 (23:19 Md. R. 1372)
Regulation .03A effective July 1, 1974
Regulation .03A, B amended effective December 30, 1977 (4:27 Md. R. 2102)
Regulation .03B, C effective July 7, 1976 (3:14 Md. R. 746)
Regulation .03B amended as an emergency provision effective December 1, 1982 (9:26 Md. R. 2569); adopted permanently effective March 14, 1983 (10:5 Md. R. 464)
Regulations .03 adopted effective December 10, 2001 (28:24 Md. R. 2127)
Regulation .03 amended effective August 16, 2004 (31:16 Md. R. 1253)
Regulation .03C amended effective 41:8 Md. R. 469, eff.4/28/2014